Представителна власт на прокуриста – обхват и ограничения
The representative capacity of the prokurist (authorized representative) – scope and limitations

Summary/Abstract: The report deals with some of the problems, related to the active and the passive representative capacity of the prokurist (authorized representative), the consequences when acting ultra vires and analysis of the cases when the prokurist is acting as Managing Authority. The provisions of the Directive 2009/101/EC of the European parliament and of the Council are relevant in respect of the validity of the obligations entered into by a company and for the purpose of protecting the interests of third parties. De lege ferenda this issue will be taken up accompanying the proposal for ammending articles 626 and 769 (par. 1) of the Bulgarian law on commerce in compliance with the interpretation decision of the Supreme court – No5/22.12.2014 and the need of synchronizing the requirements set out for the Insolvency application and the one for the Stabilization proceedings.

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